Town council has directed administration to hold a public consultation session with regards to the community impact on the legalization of cannabis and administration will also bring back a report with information on the province’s one-time opt-out option to host private retail cannabis outlets.

Council members received an update Monday night from manager of licensing and enforcement Nicole Rubli, who stated that while a public meeting will be held this term of council, it will be the next term of council that will be making decisions on the matter.

However, there are still questions municipalities have of the Ontario government and there are also concerns with what constitutes a nuisance and how such nuisance complaints would be handled by the municipalities.

“There’s an anticipated impact as it relates to nuisances and odours. There will be some additional enforcement required, but a lot of it is public education,” said Rubli, adding the Windsor-Essex County Health Unit will be of assistance as it relates to educating the public.

In a written report to council, Rubli noted that in April 2017, the federal government introduced Bill C-45, also known as The Cannabis Act, and Bill C-46, an act to amend the Criminal Code.

“These pieces of legislation plan to legalize, regulate and restrict access to recreational cannabis in Canada. The federal Bill C-45 is the overarching legislative framework that provides rules specifically to regulate the production, distribution, selling and possession of recreational cannabis. This Bill received royal assent in June 2018 and will come into force Oct. 17, 2018,” her report stated.

Rubli added that in December 2017, the Province of Ontario responded with corresponding legislation, the Cannabis Act, 2017 and the Ontario Cannabis Retail Corporation Act, 2017 (OCRCA, 2017).

“This provincial legislation will provide the regulatory framework for the purchase and use of recreational cannabis in Ontario,” she stated.

The legislation will prohibit the sale of recreational cannabis to anyone under the age of 19, prohibit the use of recreational cannabis in all public places, workplaces and motor vehicles, prohibit youth (under 19) from possessing, cultivating, consuming and sharing any amount of recreational cannabis, address illegal selling, including storefront dispensaries, allow adults to possess up to 30 grams of legal cannabis and allow adults to grow up to four cannabis plants per household.

“Concurrently, this legislation strengthens the penalties for supplying cannabis to under-aged youth and for impaired driving. However in August 2018, the provincial government confirmed their plans to introduce legislation to allow the private sector to retail recreational cannabis in Ontario by April 1, 2019. This will change the intent of the OCRCA, 2017 that was to establish a new Crown corporation, the Ontario Cannabis Retail Corporation (OCRC) to sell cannabis and related products through a network of dedicated storefronts and an online channel,” Rubli’s report stated. “In the interim and as of Oct. 17, consumers 19 or older will be able to purchase recreational cannabis through an online retail platform operated by the Ontario Cannabis Store. The Minister of Finance also confirmed that municipalities will have the ability for a one-time opting out of having a retail store in their communities.”

“This is going to be brand new for all us,” said Councillor Joan Courtney. “I hope the new council has fun with it.”

Courtney said she attended an Association of Municipalities of Ontario (AMO) conference and the issue was raised that a definition of nuisance has not been clearly established. She was concerned that municipalities could face issues with enforcement and that it would present added workloads to bylaw enforcement officers.

“This is a political minefield that we’re getting into with this,” said Courtney.

CAO John Miceli shared much of Courtney’s concerns, saying “I don’t think we’re going to be on the winning end” of the issue. He agreed that additional resources may be required on the enforcement end.

“It’s going to be a big education (process) for residents and future councils,” he said.

Director of planning, development and legislative services Mark Galvin said no one has figured out the nuisance issue as of yet, including U.S. states that have legalized marijuana.

“It doesn’t seem any state has figured it out yet,” he said. “It’s going to be a process.”

Councillor Rick Fryer pointed out there could be WSIB issues with police and bylaw officers facing additional exposure to cannabis. However, he compared the issue with that of the gas tax in that money could flow back to municipalities.

“Get on the bandwagon,” said Fryer. “There is going to be a revenue stream heading back to municipalities.”

Councillor Leo Meloche noted there is the issue of proximity to other municipalities that has to be considered.

Mayor Aldo DiCarlo said municipalities are “in limbo” with regards to the matter and that more communication needs to come from the province. More information is expected in October and that leaves municipalities a short time to decide to opt-in or not. Both he and Rubli noted municipalities can opt-out one time and then opt back in.

“To me, it should be called the opt-in clause,” he said. “If you do opt in, there’s no getting out.”

DiCarlo said he has heard from people interested in opening private shops and knows those people, as well as those opposed to such businesses, are anxious to see the next steps and noted there will be opportunities for public feedback.

Rubli, who is part of a town “task force” on the issue, also said she has heard from people interested in running retail stores or lounges.

“We want to ensure that we’re touching as many residents as we can to see what the town residents want and feel about cannabis storefronts,” she said.